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HEADNOTE: Deane J. Allen, et al. v. Sharon J. Ritter, Successor Personal Representative of the Estate of Roy Harry Allen, No. 16, September Term, 2011 TRUSTS & ESTATES LAW; PERSONAL REPRESENTATIVES: When making an estate distribution pursuant to an order of an orphans' court, a personal representative may, under Section 9-111 of the Estates & Trusts Article, require heirs and/or legatees to release the personal representative from liability, upon request.

Orphans' Court for Dorchester County Case No. 12059

IN THE COURT OF APPEALS OF MARYLAND No. 16 September Term, 2011

DEANE J. ALLEN, ET AL.

v. SHARON J. RITTER, SUCCESSOR PERSONAL REPRESENTATIVE OF THE ESTATE OF ROY HARRY ALLEN

Bell, C.J., Harrell Battaglia Greene Adkins Barbera Eldridge, John C., (Retired, Specially Assigned) JJ.

Opinion by Adkins, J.

Filed: December 15, 2011

The dispute over the estate of Roy H. Allen has been drawn-out and contentious. Allen died in 2005; after much legal maneuvering, and scores of docket entries, the Orphans' Court for Dorchester County finally approved an account of his estate in 2009. Before personal representative Sharon J. Ritter ("Appellee") would make the distribution under that account, she required that Roy Allen's children sign a document releasing her from liability related to her duties as personal representative. Roy Allen's daughter, Virginia Leitch, signed and returned the document, but his sons, Deane J. Allen and Robert L. Allen ("Appellants"), refused. The orphans' court then ordered Appellants to sign, but they again refused. They appealed to the Court of Special Appeals, which affirmed the order of the orphans' court. Allen v. Ritter, 196 Md. App. 617, 632, 10 A.3d 1183, ___ (2010). We granted certiorari. Allen v. Ritter, 419 Md. 646, 20 A.3d 115 (2011). Considering the years of legal wrangling among the parties, we are asked to decide a relatively narrow issue. Appellants presented the following questions for our review, which we have summarized and restated: 1. Does Estates & Trusts Section 9-111 allow a personal representative to obtain a release when he or she is acting pursuant to a court-approved distribution? 2. Does an orphans' court have the authority to order legatees to sign releases when requested by a personal representative under Section 9-111?1

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The questions, as presented by Appellants, are as follows: 1. Does Estates & Trusts Section 9-111 entitle a Personal Representative to demand and receive a sweeping release from (continued...)

We shall hold that Section 9-111 entitles a personal representative to obtain a release when she requests one, and that an orphans' court may order heirs and legatees to sign such releases when requested. We shall affirm the Court of Special Appeals' judgment. STATEMENT OF FACTS Roy H. Allen died January 28, 2005, survived by three children, Virginia Leitch, Deane J. Allen, and Robert L. Allen. Since Roy Allen's death, the personal representative of his estate has shifted. First, Leitch was named personal representative in Roy Allen's will. Then, Leitch and Robert Allen were named co-personal representatives by the Orphans' Court for Dorchester County ("orphans' court"). After ongoing estate disputes, the orphans' court removed Leitch and Robert Allen and named Sharon J. Ritter as personal representative on February 26, 2008. Appellants continued to quarrel over Roy Allen's estate. The record reflects numerous actions by Appellants objecting to Appellee's handling of the estate. In an

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(...continued) the Appellants before she pays over to them sums of money the Court had determined they were entitled to when it approved the First And Final Administration Account? 2. Did the Orphans' Court for Dorchester County, Maryland have the authority to order the Appellants to sign a sweeping release of liability to the Successor Personal Representative before they could secure payment of their respective shares of their father's estate that had been directed by the Orphans' Court when it approved the Successor Personal Representative's First And Final Administration Account? 2

attempt to close the matter, Appellee filed a First and Final Administration Account ("Account") of Roy Allen's estate on September 17, 2008, in the orphans' court. Appellants excepted to portions of this Account, including attorney's fees to be paid to Appellee and health-care reimbursement costs borne by Leitch. Despite these exceptions, the orphans' court approved the Account on May 5, 2009, as filed by Appellee. In a June 10 letter that year, Appellee mailed a request to Appellants that they sign a release before Appellee would distribute money to them. The release read: KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Robert Allen, hereby acknowledges to have received from Sharon J. Ritter, Personal Representative of the Estate of Roy Harry Allen, deceased, being in full satisfaction of the distribution to the undersigned, as follows: Cash: $71,273.76

and in consideration thereof the undersigned does hereby release, acquit, exonerate and discharge the said Sharon J. Ritter, Personal Representative, as aforesaid, her heirs, executors and administrators of and from all and every action, suit, claim or demand which could or might possibly be brought, exhibited or prosecuted against her, for or on account of her duties as Personal Representative of said estate, arising from or in any way related to the administration thereof, and on account of such distribution, or any part thereof, hereby declaring myself fully satisfied, contented, and paid, as above specified. I do hereby verify and affirm under the penalties of perjury that I executed the foregoing Release for the purposes

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therein contained.2 Appellants did not sign the releases. Responding to the June 10 letter, Appellants' attorney inquired what law required his clients to sign the releases. Appellants' attorney was concerned that Appellants could face a lawsuit from Leitch on a related matter, and stated that they were "not going to foreclose any recourse they may have against anyone else in this matter." In an attempt to assuage Appellants' concerns about a potential lawsuit, Leitch's attorney sent a letter to Appellants on July 21, 2009, stating that Leitch did not intend to pursue legal action against Appellants. He also observed that Leitch was barred from raising such claims and that "the appeal time [had] elapsed." Regardless, Appellants still did not sign the releases. Appellee then filed a petition for release, asking the orphans' court to enter an Order requiring [Appellants] to show cause why they should not be ordered to sign the Releases prior to distribution of estate funds from the Personal Representative and further, Order that all Orders issued by this Court pertaining to all matters raised during the administration of this estate are binding and further, since the time for appeals has passed, that such Orders have been issued with prejudice. To support this petition, Appellee cited Section 9-111 of Maryland's Estates & Trusts Article. The petition said this section "states that a personal representative may obtain a

The releases sent to Deane Allen and Virginia Leitch were identical, except for the name of "the undersigned" and the amount listed for satisfaction of the distribution. 4

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release from an heir or legatee." The full language of that section reads: "Upon making a distribution, a personal representative may, but is not required to, obtain a verified release from the heir or legatee." Md. Code (1974, 2011 Repl. Vol.),

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